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The description of an agreement made by two parties freely and independently of each other, and without some special relationship, such as being a relative, having another deal on the side or one party having complete control of the other. it becomes important to determine if an agreement was freely entered into to show that the price, requirements, and other conditions were fair and real. example: if a man sells property to his son the value set may not be the true value since it may not have been an “arm’s length” transaction.

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